Watson v State of New York
2007 NY Slip Op 01603
Decided on February 26, 2007
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.






Decided and Entered: February 26, 2007




[*1]CHARLES WATSON,

Appellant,

v

STATE OF NEW YORK,

Respondent.




ON MOTION

Motion for reargument or, in the alternative, for permission to appeal to the Court of Appeals.

Upon the papers filed in support of the motion and the papers filed in response thereto, it is

ORDERED that the motion for permission to appeal to the Court of Appeals is denied, without costs, and it is further

ORDERED that the motion for reargument is granted, without costs, and the memorandum and order dated and entered December 14, 2006 is vacated and the following memorandum and order is substituted therefor [see 35 AD3d 985].

Mercure, J.P., Crew III, Carpinello, Lahtinen and Kane, JJ., concur.